Enforcement of legal provisions and sanctions

Financial support in Sweden as well as in Denmark is only granted if all possibilities of re-integration into the labour market are exhausted. However, the job seeker has an entitlement on comprehensive help when searching a job. This quid pro quo doctrine is the core element of activation in both countries. In Denmark, the local job centre examines the unemployed person s readiness for work. If an unemployed person does not accept a reasonable work offer or if there are doubts on his or her readiness for work, the benefits may be suspended until the readiness for work is proven. Besides, in Sweden a positive incentive is set by means of a special benefit, the activity support, which is additional cash benefit that a job seeker receives only if he or she participates in activating measures. 

In line with the countries under scrutiny, German law knows individualisation of activation in the form of integration contracts. They are of practical relevance for job seekers who get tax funded social benefits. The obligation to work or to look for work is not enforceable. It is merely a moral duty. Nevertheless, despite the fact that the obligation is not enforceable, the person concerned has to bear the consequences (e.g. cancellation of benefits). 

In the Netherlands, flexible sanctions are one characteristic of individualisation. Other characteristics are the provision of supporting measures according to individual needs or the development of rights and obligations with regards to the needs of re-integration. However, there is no individual entitlement to integration in welfare as the municipalities can decide who will be activated. 

The infringement of eligibility rules and activation requirements draws sanctioning in all countries. In Germany, sanctions play a role for activation both in the means-tested basic benefit system and in the unemployment insurance system. In the insurance system the benefit may be suspended completely for a certain period (off-time) whereas in the basic benefit system benefits may be reduced only for a maximum of 60%. However, for persons under age 25 a full suspension is possible. 

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